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Promoting Irish Culture and History from Little Rock, Arkansas, USA


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Birth of Abraham Brewster, Judge & Lord Chancellor of Ireland

Abraham Brewster PC (Ire), Irish judge and Lord Chancellor of Ireland, is born in Ballymutra House in Ballynultagh Townland, County Wicklow, on April 10, 1796.

Brewster is the son of William Bagenal Brewster, of Ballinulta, County Wicklow, by his wife Mary, daughter of Thomas Bates. He receives his earlier education at Kilkenny College, then proceeds to Trinity College Dublin (TCD) in 1812, taking his B.A. degree in 1817, and long after, in 1847, his M.A. degree.

Brewster is called to the Irish bar in 1819, and, having chosen Leinster for his circuit, soon acquires the reputation of a sound lawyer and a powerful speaker. Lord Plunket honours him with a silk gown on July 13, 1835. Notwithstanding the opposition of Daniel O’Connell, who dislikes him, he is appointed Law Adviser to the Lord Lieutenant of Ireland on October 10, 1841, and is Solicitor-General for Ireland from February 2, 1846, until July 16. By the influence of his friend Sir James Graham, First Lord of the Admiralty, he is Attorney-General for Ireland and privy councilor from January 10, 1853, until the fall of the Aberdeen ministry on February 10, 1855.[1]

In 1854, Brewster is appointed to the Royal Commission for Consolidating the Statute Law, a royal commission to consolidate existing statutes and enactments of English law.

Brewster is very active in almost all branches of his profession after his resignation, and his reputation as an advocate may be gathered from the pages of the Irish Law and Equity Reports, and in the later series of the Irish Common Law Reports, the Irish Chancery Reports, and the Irish Jurist, in all of which his name very frequently appears. Among the most important cases in which he takes part are the Mountgarrett case in 1854, involving a peerage and an estate of £10,000 a year, the Carden abduction case in July of the same year, the Yelverton case in 1861, the Egmont will case in 1863, the Marquess of Donegall‘s ejectment action and lastly, the great will cause of Fitzgerald v. Fitzgerald, in which Brewster’s statement for the plaintiff is said to be one of his most successful efforts.

On Edward Smith-Stanley becoming prime minister, Brewster succeeds Francis Blackburne as Lord Justice of Appeal in Ireland in July 1866, and Lord Chancellor of Ireland the following March. As Lord Chancellor, he sits in his court for the last time on December 17, 1868, when Benjamin Disraeli‘s government resigns. He then retires from public life.

There are only three or four judgments delivered by him in print, either in the Court of Appeal or the Court of Chancery (Ireland). His judicial manner is quiet, but with what is called “a touch of serviceable fierceness” which keeps order in Court. He is highly regarded by his colleagues. Even the bitter-tongued Jonathan Christian, who despises most of his fellow judges, defers to Brewster.

Brewster dies at his residence, 26 Merrion Square South, Dublin, on July 26, 1874, and is buried in the family vault at Tullow, County Carlow, on July 30. By his marriage in 1819 with Mary Ann, daughter of Robert Gray of Upton House, County Carlow, who dies in Dublin on November 24, 1862, he has issue one son, Colonel William Bagenal Brewster, and one daughter, Elizabeth Mary, wife of Mr. Henry French, both of whom die in the lifetime of their father. His estates are inherited by Elizabeth’s son, Robert French-Brewster, who adopts his grandfather’s surname. A nephew, Edward Brewster, studies under Abraham Brewster and becomes a lawyer and politician in New South Wales. Edward’s brother, John Grey Brewster, also emigrates to Australia, where he becomes a prosperous grazier and company director, retiring to England in later years where he dies in 1897.

(Pictured: Right Honourable Abraham Brewster photographed by Thomas Cranfield, 1861)


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Birth of Piers Butler, 3rd Viscount Galmoye

Piers Butler, 3rd Viscount Galmoye, otherwise Viscount Galmoy, an Anglo-Irish nobleman, is born on March 21, 1652. He is descended from Thomas Butler, 10th Earl of Ormond, and is the son of Edward Butler, 2nd Viscount Galmoye, and Eleanor (née Whyte), daughter of Sir Nicholas Whyte of Leixlip, County Kildare.

Butler succeeds to the title at the age of fifteen and was educated at the University of Oxford, taking the degree of LL.D. in 1677. In 1678, he is commissioned as a captain in Colonel Thomas Dongan‘s regiment, which is disbanded before he takes up his post.

Under James II of England Butler is Privy Councillor of Ireland, Lieutenant of the County of Kilkenny, and Colonel of the 2nd Regiment of Irish Horse. Serving as part of the Jacobite Irish Army, he commands a regiment at the Battle of the Boyne and serves with distinction in the Battle of Aughrim. He is one of the signatories of the Treaty of Limerick. At the Glorious Revolution, he might have been able to secure his old estates of 10,000 acres in Kilkenny and 5,000 in Wexford, had he consented to give his allegiance to William III of England rather than following Patrick Sarsfield and James II into exile in France. Instead, the English Parliament attaints him and declares his titles forfeited in 1697 by the statute 9 Will. 3. c. 4.

In 1692, Butler is created Earl of Newcastle in County Limerick in the Jacobite peerage of Ireland. In France he is named Colonel of the 2nd Queen’s Regiment of Irish Horse in the service of that country and serves with distinction in various battles of the War of the Spanish Succession, also becoming a Lieutenant-General in the Spanish army. He is at the Siege of Roses in 1693, and in 1694 is a Brigadier attached to the army of Germany. He serves in Italy and other parts of Continental Europe from 1701 to 1703, sharing all the fortunes of the Irish Brigade. He later serves in the French army as a Lieutenant-General. He is created Brigadier of Cavalry in 1694.

Butler marries Anne Mathew and with her has one son, Colonel Edward Butler, who is killed at the Battle of Malplaquet in 1709. After the death of his first wife, he marries Henrietta FitzJames, the illegitimate daughter of King James II and Arabella Churchill and the widow of Henry Waldegrave, 1st Baron Waldegrave, on April 3, 1695. She deserts him and returns to England.

Butler dies at the age of eighty-eight in Paris on June 18, 1740, and is buried at St. Paul’s there. John C. O’Callaghan writes in Irish Brigades in the Service of France (Glasgow, 1870): “The successive claimants of the title of Galmoy were officers in France down to the Revolution; in whose armies, as well as in others, various gentlemen have honourably represented a name, of which the illustrious General Lafayette is related to have said, in the war for the independence of the United States of America, that ‘whenever he wanted anything well done, he got a Butler to do it.'”

Notwithstanding the attainder, the viscountcy is assumed by his nephew, James Butler of the Irish Brigade in France, the son of the Viscount’s brother, Richard Butler of Galmoye.


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The Popery Act 1704 Receives Royal Assent

An Act to prevent the further Growth of Popery, commonly known as the Popery Act or the Gavelkind Act, is an act of the Parliament of Ireland that receives royal assent on March 4, 1704. It is designed to suppress Roman Catholicism in Ireland (“Popery“). William Edward Hartpole Lecky calls it the most notorious of the Irish Penal Laws.

Inheritance in traditional Irish law uses gavelkind, whereby an estate is divided equally among a dead man’s sons. In contrast, English common law uses male primogeniture, with the eldest son receiving the entire estate. The 1704 act enforces gavelkind for Catholics and primogeniture for Protestants.

Two separate bills “to prevent the further Growth of Popery” are introduced in the parliamentary session of 1703–04. One originates with the Privy Council of Ireland and is referred on July 4, 1703, to the Attorney-General for Ireland. The other is introduced as heads of a bill in the Irish House of Commons on September 28, 1703, and is sent to the Lord Lieutenant of Ireland on November 19. Under Poynings’ Law, both bills are transmitted to the Privy Council of England for approval. Formally, one bill is vetoed, and the other is returned to Dublin with amendments. A lack of surviving documentation makes it impossible to determine which of the two has which fate. The approved bill is engrossed on January 20, 1704, presented in the Commons on February 14, sent to the Irish House of Lords on February 25, and given royal assent on March 4.

Sir Theobald “Toby” Butler, the former Solicitor-General for Ireland, a Roman Catholic, makes a celebrated speech at the bar of the Commons denouncing the act as being “against the laws of God and man… against the rules of reason and justice.” Other eminent Catholic lawyers like Stephen Rice also denounce the measure but to no avail.

Charles Ivar McGrath says that while the Popery Act has “evident … negative effects,” specific research is lacking, and that it is intended more to prevent an increase in Catholic landholding than encourage further decrease. The Catholic share of land had already fallen from 60% before the Irish Rebellion of 1641 to 22% before the Williamite War in Ireland to 14% in 1704. The figure of 5% in 1776 given in Arthur Young‘s Tour in Ireland is probably an underestimate, although in 1778 only 1.5% of rent is paid to Catholics.

Catholic gavelkind cements a tradition of farm subdivision, which persists beyond the act’s repeal and contributes to the Great Famine of the 1840s.

The act is “explained and amended” by a 1709 act, 8 Anne c. 3 (I), which specifies certain time limits left ambiguous by the original act, and closes some loopholes used by Catholics to remain beneficial owners of nominally Protestant property.

A 1719 act, 6 Geo. 1. c. 9 (I), indemnifies officials who have not hitherto subscribed to the oath required by the Popery Act. The time period for Dissenters subscribing to the oath is routinely extended, initially by an Indemnity Act at the start of each biennial parliamentary session. Similar acts are passed by the British parliament, and after the union the UK parliament continues the practice.

From the late 18th century Roman Catholic relief bills ease the Penal Laws, by explicit or implicit repeal and replacement. In 1772, Catholics are allowed to lease up to fifty Irish acres of bog-land for up to 61 years. The 1704 oath of allegiance for Catholics is replaced in 1774. Gardiner’s Act, the Leases for Lives Act 1777, implicitly repeals many other provisions of the 1704 act. Some are replaced with less onerous restrictions. The sacramental test is repealed for Dissenters in 1780. The Roman Catholic Relief Act 1782 repeals section 23 of the 1704 act. Another act of 1782 allows lay Catholics to be guardians of Protestants. Most restrictions on intermarriage are removed by the Roman Catholic Relief Act 1792. Many Penal Laws are repealed in general terms by the Roman Catholic Relief Act 1793. The sacramental test for Catholics is effectively replaced by the 1774 oath.

The Roman Catholic Relief Act 1829 abolishes the declaration against transubstantiation and specifies a new public oath for Catholics, explicitly permitting Catholics to hold Irish civil or military offices other than Lord Lieutenant and Lord Chancellor of Ireland, with the same oaths as required of non-Catholics (in addition to the new Catholic oath).

The Criminal Law Commission‘s 1845 report on oaths says sections 1, 3, and 6 of the 1704 act have fallen into disuse and should be repealed. The Religious Disabilities Act 1846, passed in consequence of the committee’s report, explicitly repeals provisions of sections 1, 3, and 4 of the 1704 act.

The Popery Act is explicitly repealed as obsolete by the Promissory Oaths Act 1871, with the exception of section 25, which is made redundant by the coming into force in 1871 of the Irish Church Act 1869 and is repealed by the Statute Law Revision (Ireland) Act 1878.


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Birth of Edmund Henry Pery, 1st Earl of Limerick

Edmund Henry Pery, 1st Earl of Limerick PC, Irish peer and politician styled Lord Glentworth between 1794 and 1800 and Viscount Limerick until 1803, is born in Limerick, County Limerick, on January 8, 1758.

Pery is the son of William Cecil Pery, 1st Baron Glentworth, and his first wife, Jane Walcott, daughter of John Minchin Walcott. He is educated at Trinity College Dublin (TCD). He marries Alice Mary Ormsby, the daughter of Henry Ormsby of County Mayo, by his wife Mary Hartstonge, in 1783, and they have at least eight children. Alice Mary is the heiress of her uncle, Sir Henry Hartstonge, 3rd Baronet, who leaves her substantial property in the south of Ireland.

Pery is elected to the Parliament of Ireland as the Member of Parliament for Limerick City in 1786 and holds the seat until 1794, when he inherits his father’s barony and takes his seat in the Irish House of Lords. As a politician, he is a vocal Unionist. He holds the office of Keeper of the Signet and Privy Seal of Ireland between 1795 and 1797. In 1797, he is invested as a Privy Counsellor. He subsequently holds the office of Clerk of the Crown and Hanaper of Ireland between 1797 and 1806. In 1800, he is created Viscount Limerick of the City of Limerick.

Following the Acts of Union 1800, Pery becomes an Irish representative peer, sitting in the House of Lords between 1801 and 1844. He is created Earl of Limerick in the Peerage of Ireland on January 1, 1803, in recognition of his vocal and persistent support for the Union. In addition, he is created Baron Foxford of Stackpole Court in the Peerage of the United Kingdom on August 11, 1815, giving him and his descendants a permanent seat in the House of Lords. During this part of his life, he lives at South Hill Park, Berkshire, England.

Pery dies on December 7, 1844, at Bracknell, Bracknell Forest Borough, Berkshire, England. He is buried at St. Mary’s Cathedral, Limerick. His wife, Alice Mary, dies on June 13, 1850, in Marylebone, City of Westminster, Greater London, England. She is buried alongside her husband in Limerick.

Pery’s eldest son and heir, Henry Hartstonge Pery, Viscount Glentworth, predeceases him on August 7, 1834, and thus Pery is succeeded in his titles by Henry’s eldest son, William Henry Tenison Pery. One of Pery’s daughters, Theodosia, marries the Whig politician and Chancellor of the Exchequer, Thomas Spring Rice, 1st Baron Monteagle of Brandon.


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Death of Sir James Ware, Anglo-Irish Historian

Sir James Ware, historian, collector of manuscripts, and civil servant, dies at his home in Castle Street, Dublin, on December 1, 1666.

Ware is born on November 16, 1594, in Castle Street, Dublin, eldest surviving son among ten children of Sir James Ware, auditor general, and his wife Mary Bryden, sister of Sir Ambrose Briden of Maidstone, Kent, England, whose house provides Ware’s base in England. His father, a Yorkshireman, comes to Ireland in the train of Lord Deputy of Ireland Sir William FitzWilliam in 1588 and builds up a substantial landed estate. He enters Trinity College Dublin (TCD), where his father is the college auditor, as a fellow commoner in 1605 and is presented a silver standing bowl in 1609. His association with the college continues, as he particularly remembers the philosophy lectures of Anthony Martin, who becomes a fellow in 1611. He takes his MA on January 8, 1628, but by then he has already launched on his future course. His father procures him the reversion of his office in 1613, and by 1620 he already owns the Annals of Ulster and is taking notes from the Black Book of Christ Church. In 1621, he marries Elizabeth Newman, daughter of Jacob Newman, one of the six clerks in chancery. Newman becomes clerk of the rolls in 1629, which apparently facilitates Ware’s assiduous research in the Irish public records.

From Ware’s numerous surviving notebooks, it is possible to follow his scholarly tracks over the rest of his life. He is particularly concerned to trace the succession of the Irish bishops. The first fruits appear in print in 1626, Archiepiscoporum Cassiliensium et Tuamensium . . . adjicitur historia coenobiorum Cisterciensium Hiberniae, followed in 1628 by De presulibus Lageniae . . ., the whole to be rounded off in 1665 with De presulibus Hiberniae. . . . However, he has wide interests in Irish history and in 1633 edits Edmund Spenser‘s A View of the Present State of Irelande and the Irish histories of Edmund Campion, Meredith Hanmer, and Henry of Marlborough. The first Irish biographical dictionary follows in 1639, De scriptoribus Hiberniae. Both publications are dedicated to the viceroy, Thomas Wentworth. In public life he is a supporter, first of Wentworth, later of James Butler, 1st Duke of Ormond, rather than a leader, and always a stout royalist. He is knighted in 1630 and following his father’s death in 1632 he succeeds as auditor general. He is elected member of parliament for Dublin University in 1634, 1640, and 1661, but is not admitted to the Privy Council of Ireland until 1640.

Shortly after the outbreak of rebellion in October 1641, Ware is in England, and in London at the time of the passing of the Adventurers’ Act 1640, presumably on the council’s business. During Ormond’s prolonged negotiations with the confederates, he is sent to advise the king at Oxford in November 1645. While there he works in the Bodleian Library and is incorporated into the university as a Doctor of Civil Law. On his way back to Ireland in January 1646, he is captured at sea by a parliament ship and held prisoner in the Tower of London until October 1646.

When Ormond is arranging the surrender of Dublin to the parliament in the summer of 1647, Ware is sent to London as one of the hostages for his performance of the terms. Back in Dublin he has been replaced as auditor general but is able to carry on his work on the public records. In 1648 he publishes the catalogue of his manuscript library. As a leading royalist he is unwelcome to those governing the city for the parliament and is sent into exile in France on April 7, 1649, with his eldest son, also James, who already holds the reversion of the auditor generalship and eventually succeeds his father. He is allowed to live in London from October 1650, and from 1653, when hostilities end in Ireland, he is allowed brief visits there, perhaps taking up residence again in 1658.

Ware’s years in London are spent in the library of Archbishop of Armagh James Ussher, then in Lincoln’s Inn, and in the Royal, Cotton, Carew, and Dodsworth libraries. He publishes his De Hibernia et antiquitatibus ejus disquisitiones in 1654, lamenting the inaccessibility of his notes, then in Dublin. The second edition, published in 1658, also includes the annals of Henry VII. His Opuscula Sancto Patricio . . . adscripta . . . appears in 1656. In it he remarks that his knowledge of the Irish language is not expert enough for an edition of the ‘Lorica’. According to Roderick O’Flaherty, Ware can read and understand but not speak Irish. For the older language he employs Irish scholars, Dubhaltach Mac Fhirbhisigh being the last and most learned. The 1660 Stuart Restoration sees him back as auditor general and one of the commissioners for the Irish land settlement. He publishes annals of Henry VIII in 1662, and in 1664 annals for 1485–1558.

Ware dies in his house in Castle Street on December 1, 1666, and is buried in the family vault in St. Werburgh’s Church, Dublin. He has numerous friends among the scholars of the day, including Irish Franciscans, across the sectarian divide. While clergy lists are still partly dependent on his work, his notebooks and manuscripts remain of first importance for the study of medieval Ireland. Of his ten children, two boys and two girls survive him. His wife dies on June 9, 1651. The engraving by George Vertue prefixed to Harris’ edition of Ware’s Works is claimed to be based on a portrait in the possession of the family.

(From: “Ware, Sir James” by William O’Sullivan, Dictionary of Irish Biography, http://www.dib.ie, October 2009)


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Hugh Brady Appointed Church of Ireland Bishop of Meath

Hugh Brady, a native of Trim, County Meath, is appointed Church of Ireland Bishop of Meath on October 21, 1563. He serves in this position until his death on February 14, 1584.

Brady is born in 1527, but his parentage is uncertain, as are most of the details of his early life. He is said to be a graduate of the University of Oxford and later a professor of divinity there, but there is no evidence of this in the college registers.

Brady’s first patron is Edmund Grindal, Bishop of London, under whose auspices he secures a prestigious appointment to the rectorship of St. Mary Aldermary, London, in early 1561. Over the next two years he becomes acquainted with a relative and chief advisor of Queen Elizabeth I, William Cecil. He is eager to return to Ireland and is appointed Bishop of Meath on October 21, 1563, while still in England. He is ideally qualified for this role, being a native of the diocese and a skilled preacher fluent in English and Irish. Arriving in Dublin on December 3, 1563, he is consecrated on December 19, being made a member of the Privy Council of Ireland soon thereafter.

On reaching his diocese, Brady is dismayed at its dilapidated state. His diocesan income scarcely exceeds £60 a year, many of the churches are in ruins, his clergy are uneducated and largely pro-Catholic, and the right to appoint clergy to many parish churches is in the hands of Catholic landowners. Further, the rival Catholic Bishop of Meath, William Walsh, is dedicated, capable, and popular. Although Walsh is belatedly arrested in 1565, his willingness to lead by example and suffer persecution for his beliefs stiffens Catholic resistance in Meath.

Brady is always diligent in attendance at Council meetings. He is vigorous in beating off raids on his diocese by Shane O’Neill, the effective ruler of Ulster. He enjoys the friendship of Sir Henry Sidney, the Lord Deputy of Ireland, who praises his sound judgment, hospitality and blameless private life. His good qualities lead Sidney and Adam Loftus, Archbishop of Armagh, to propose Brady as Archbishop of Dublin, after they have lobbied successfully for the recall of Archbishop Hugh Curwen. However, soon after, Brady and Loftus quarrel, and Loftus blocks Brady’s nomination in order to obtain the See of Dublin for himself.

Nonetheless, Brady retains Sidney’s confidence and finds a new ally in 1567 when Robert Weston becomes Lord Chancellor of Ireland. Weston sympathises with his educational and evangelical bent while gaining the respect of the querulous Loftus, thereby defusing the animosity between Ireland’s leading Protestant clergy.

In 1569, Brady’s diocese is amalgamated with the diocese of Clonmacnoise. He now heads a sprawling diocese that includes Gaelic areas where the crown has very little authority. In practice, he appears to have largely ignored Clonmacnoise. In Meath, a government inquiry in 1575 shows that he has made little headway in spreading the Protestant faith or in restoring the fabric and finances of the church. He has found clergy for nearly every church in the diocese, but most are of a poor standard. He contributes to the diocese’s worsening finances by alienating church land to family and associates. The free school he establishes is also forced to close due to a lack of suitable premises.

Following Sidney’s dismissal as Lord Deputy of Ireland in 1578, Protestant hard-liners begin to dominate the Irish government, causing Brady to lose influence. He complains in 1581 that his letters to London are being opened and read by his colleagues and sometimes being suppressed. His influence declines in Meath also as discontent with the government increases. In 1577, his men capture a number of friars at Navan but are attacked by locals and forced to free their captives. Thereafter, local officials and landowners routinely defy his authority. His conciliatory policies totally discredited, he stays away from Dublin and resides mainly at his episcopal palace at Ardbraccan.

From 1582 Brady suffers from ill health, forcing him to curtail his preaching. He dies on February 14, 1584, and is buried near the parish church at Dunboyne.

Brady marries twice, but little is known of his first wife. In 1568, following the death of his first wife, he marries Weston’s daughter Alice. They had at least four children, including Luke, their eldest son, and Nicholas, grandfather of his namesake the poet. After Brady’s death, his widow marries Sir Geoffrey Fenton and has further issue, including Catherine, Countess of Cork. The poet Nicholas Brady is the bishop’s great-grandson. Maziere Brady, Lord Chancellor of Ireland, is a nineteenth-century descendant of the bishop.


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Death of Edward Pennefather, Barrister & Lord Chief Justice of Ireland

Edward Pennefather, PC, KC, Irish barrister, Law Officer and judge of the Victorian era, who holds office as Lord Chief Justice of Ireland, dies on September 6, 1847, in Dunlavin, County Wicklow.

Pennefather is born at Darling Hill, Knockevan, County Tipperary, on October 22, 1773, the second son of William Pennefather of Knockevan, member of the Irish House of Commons for Cashel, and his wife Ellen Moore, daughter of Edward Moore, Archdeacon of Emly. He goes to school in Clonmel and graduates from Trinity College Dublin. He is called to the Irish Bar in 1795. He lives at Rathsallagh House, near Dunlavin, County Wicklow.

His brother, Richard Pennefather, has a longer and more successful career as a judge. Appointed a Baron of the Court of Exchequer in 1821, he serves for nearly 40 years and is held in universal regard. With the general support of the profession, he remains on the Bench until shortly before his death at eighty-six, by which time he is blind. Edward and Richard, “the two Pennefathers,” are leading practitioners in the Court of Chancery (Ireland).

Pennefather is generally regarded as more gifted, a master of the law of equity and also a skilled libel lawyer. In 1816, he is one of the lead counsels in the celebrated libel case of Bruce v. Grady, which arises from the publication of a scurrilous poem called “The Nosegay,” written by a barrister, Thomas Grady, about his former friend, the notably eccentric banker George Evans Brady of Hermitage House, Castleconnell, County Limerick. The quarrel is said to arise from a dispute over money which Bruce had loaned to Grady. The plaintiff claims £20000 but the jury awards £500.

Pennefather is made a King’s Counsel by 1816. He is very briefly Attorney-General for Ireland in 1830 and is made Third Serjeant-at-law (Ireland) in the same year. He becomes Second Serjeant and First Serjeant in the two following years. He is Solicitor-General for Ireland in the first Peel ministry in 1835 and again in the second Peel ministry in 1841. In the latter year, he is appointed Lord Chief Justice of the Queen’s Bench for Ireland and holds the position until he resigns on health grounds in 1846.

According to Elrington Ball, Pennefather is considered to be one of the greatest Irish advocates of his time, and one with few rivals in any age, but he does not live up to expectations as a judge, due largely to his age and increasing ill-health. As a judge he is remembered mainly for presiding at the trial of Daniel O’Connell in 1843 for sedition, where his alleged bias against the accused damages his reputation: he is accused of acting as prosecutor rather than judge, and his summing-up is described as simply an extra speech for the prosecution. Further damage to his reputation is done by the majority decision of the House of Lords quashing the verdict in the O’Connell case: while many of the errors were the fault of the prosecution, the Law Lords do not spare Pennefather for his conduct of the proceedings, and in particular for his summing-up. The Law Lords comment severely that the course of the trial, if condoned, will make a mockery of trial by jury in Ireland.

The related trial of Sir John Gray descends into farce when the Attorney-General, Sir Thomas Cusack-Smith, who is noted for his hot temper, challenges one of the defence counsel, Gerald Fitzgibbon, to a duel, for having allegedly accused him of improper motives. Pennefather tells the Attorney-General severely that a man in his position has no excuse for such conduct, whereupon the Attorney-General agrees to let the matter drop. The public notes with interest that Fitzgibbon’s wife and daughter are present in Court during the contretemps.

Following a long illness, Pennefather dies in Dunlavin, County Wicklow, on September 6, 1847. He is buried in Christ Church Cemetery, Delgany, County Wicklow.

In January 1806, Pennefather marries Susannah Darby, eldest daughter of John Darby of Leap Castle, County Offaly, and his wife Anne Vaughan, and sister of John Nelson Darby, one of the most influential of the early Plymouth Brethren. They have ten children, including Edward, the eldest son and heir; Richard, Auditor General of Ceylon; Ellen, who marries James Thomas O’Brien, Bishop of Ossory, Ferns and Leighlin, and Dorothea, who marries in 1850, as his second wife, James Stopford, 4th Earl of Courtown, and has three sons. Two of Dora’s sons, General Sir Frederick Stopford, commander at the Landing at Suvla Bay, and Admiral Walter Stopford, become famous.


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Birth of John FitzGibbon, 1st Earl of Clare, Lord Chancellor of Ireland

John FitzGibbon, 1st Earl of Clare PC (Ire), Attorney-General for Ireland from 1783 to 1789 and Lord Chancellor of Ireland from 1789 to 1802, is born near Donnybrook, Dublin, on August 23, 1749. He remains a deeply controversial figure in Irish history, being described variously as an old-fashioned anti-Catholic Whig political party hardliner and an early advocate of the Act of Union between Ireland and Great Britain (which finally happens in 1801, shortly before his death).

FitzGibbon is the son of John FitzGibbon of Ballysheedy, County Limerick, and his wife Isabella Grove, daughter of John Grove, of Ballyhimmock, County Cork. His father is born a Catholic but converts to the state religion in order to become a lawyer and amasses a large fortune. He has three sisters, Arabella, Elizabeth, and Eleanor. He is educated at Trinity College Dublin (TCD) and Christ Church, Oxford. He enters the Irish House of Commons in 1778 as Member for Dublin University, and holds this seat until 1783, when he is appointed Attorney General. From the same year, he represents Kilmallock until 1790. He is appointed High Sheriff of County Limerick for 1782.

When appointed Lord Chancellor of Ireland in 1789, FitzGibbon is granted his first peerage as Baron FitzGibbon, of Lower Connello in the County of Limerick, in the Peerage of Ireland that year. This does not entitle him to a seat in the British House of Lords, only in the Irish House of Lords. His later promotions come mostly in the Peerage of Ireland, being advanced to a Viscountcy in 1793 and the Earldom of Clare in 1795. He finally achieves a seat in the British House of Lords in 1799 when created Baron FitzGibbon, of Sidbury in the County of Devon, in the Peerage of Great Britain.

As Lord Chancellor for Ireland, FitzGibbon is a renowned champion of the Protestant Ascendancy and an opponent of Catholic emancipation. He despises the Parliament of Ireland‘s popular independent Constitution of 1782. He is also personally and politically opposed to the Irish politician Henry Grattan who urges a moderate course in the Irish Parliament and is responsible for defeating Grattan’s efforts to reform the Irish land tithe system under which Irish Catholic farmers (and all non-Anglican farmers) are forced to financially support the minority Anglican Church of Ireland. These are not fully repealed until 1869 when the Church of Ireland is finally disestablished, although Irish tithes are commuted after the Tithe War (1831–1836).

FitzGibbon opposes the Irish Roman Catholic Relief Act 1793 personally but apparently recommends its acceptance in the House of Lords, being forced out of necessity when that Act had been recommended to the Irish Executive by the British Cabinet led by William Pitt the Younger. Pitt expects Ireland to follow the British Roman Catholic Relief Act 1791 and allow Catholics to vote again and hold public offices. At the same time, FitzGibbon apparently denounces the policy this Act embodies, so it is probably safe to say that FitzGibbon’s own beliefs and principles conflict with his obligations as a member of the Irish executive of the time.

FitzGibbon’s role in the recall, soon after his arrival, of the popular pro-Emancipation Lord Lieutenant of Ireland, William Fitzwilliam, 4th Earl of Fitzwilliam, is debatable. Although he is probably politically opposed to the Lord Lieutenant of Ireland, Fitzwilliam is apparently recalled, because of his own independent actions. Fitzwilliam is known to be friendly to the Ponsonby family and is generally a Foxite liberal Whig. His close association with and patronage of Irish Whigs led by Grattan and Ponsonby during his short tenure, along with his alleged support of an immediate effort to secure Catholic emancipation in a manner not authorized by the British cabinet is likely what leads to his recall. Thus, if anyone is to blame in the short-lived “Fitzwilliam episode” it is Henry Grattan and the Ponsonby brothers – presumably William Ponsonby, later Lord Imokilly, and his brother George Ponsonby — not to mention Lord Fitzwilliam himself. Irish Catholics at the time and later naturally see things very differently and blame hardline Protestants such as FitzGibbon.

Irish Catholics and FitzGibbon apparently agree on one point – Irish political and economic union with Great Britain, which eventually takes place in 1801. Pitt wants Union with Ireland concomitantly with Catholic emancipation, commutation of tithes, and the endowment of the Irish Catholic priesthood. Union is opposed by most hardline Irish Protestants, as well as liberals such as Grattan. FitzGibbon is a strong supporter of the Union since 1793 but refuses to have Catholic emancipation with the Union.

In the end, FitzGibbon’s views wins out, leading to the Union of Ireland with Great Britain to form the United Kingdom of Great Britain and Ireland without any concessions for Ireland’s Catholic majority, or for that matter, Catholics in the rest of the new United Kingdom. He later claims that he has been duped by the way in which the Act is passed and is bitterly opposed to any concessions during the short remainder of his life.

FitzGibbon’s role as Lord Chancellor of Ireland during the period of the 1798 rebellion is questionable. According to some, he supports a hardline policy which uses torture, murder and massacre to crush the rebellion, or that as Lord Chancellor, he has considerable influence on military affairs, and that martial law cannot be imposed without his consent. Others allege that as Lord Chancellor, he has no say in military affairs. His former side is displayed by sparing the lives of the captured United Irish leaders in return for their confession of complicity and provision of information relating to the planning of the rebellion. However, this willingness of the prisoners to partake of the agreement is spurred by the execution of the Sheares brothers on July 14, 1798.

In contrast to the leniency shown to the largely upper-class leadership, the full weight of military repression is inflicted upon the common people throughout the years 1797–98 with untold thousands suffering imprisonment, torture, transportation and death. Fitzgibbon ss inclined to show no mercy to unrepentant rebels and in October 1798 he expressed his disgust upon the capture of Wolfe Tone that he had been granted a trial and his belief that Tone should have been hanged as soon as he set foot on land.

FitzGibbon is quick to recognise that sectarianism is a useful ally to divide the rebels and prevent the United Irishmen from achieving their goal of uniting Protestant, Catholic and Dissenter, writing in June 1798, “In the North nothing will keep the rebels quiet but the conviction that where treason has broken out the rebellion is merely popish.”

FitzGibbon is noted by some as a good, improving landlord to both his Protestant and Catholic tenants. Some claim that the tenants of his Mountshannon estate call him “Black Jack” FitzGibbon. However, there is no evidence to support this claim, although there is little to no evidence on his dealings as a landlord. Irish nationalists and others point out that while he might have been interested in the welfare of his own tenants on his own estate, he treats other Irish Catholics very differently. Without further evidence, his role as a Protestant landowner in mainly Catholic Ireland is of little importance against his known dealings as Lord Chancellor.

FitzGibbon dies at his home, 6 Ely Place near St. Stephen’s Green, Dublin, on January 28, 1802, and is buried in the churchyard at St. Peter’s Church, Aungier Street, Dublin. A hero to Protestant hardliners, but despised by the majority Catholic population, his funeral cortege is the cause of a riot and there is a widespread story that a number of dead cats are thrown at his coffin as it departs Ely Place.

(Pictured: “Portrait of John FitzGibbon, 1st Earl of Clare,” painting by Gilbert Stuart, 1789)


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Death of Basil Stanlake Brooke, Third Prime Minister of Northern Ireland

Basil Stanlake Brooke, 1st Viscount Brookeborough, KG, CBE, MC, TD, PC (Ire), Ulster Unionist Party (UUP) politician who serves as the third Prime Minister of Northern Ireland from May 1943 until March 1963, dies on August 18, 1973, at Colebrooke Park, Brookeborough, County Fermanagh, Northern Ireland. He has been described as “perhaps the last Unionist leader to command respect, loyalty and affection across the social and political spectrum.” Equally well, he has also been described as one of the most hardline anti-Catholic leaders of the UUP, and his legacy involves founding his own paramilitary group, which feeds into the reactivation of the Ulster Volunteers.

Brooke is born on June 9, 1888, at Colebrooke Park, his family’s neo-Classical ancestral seat on what is then the several-thousand-acre Colebrooke Estate, just outside Brookeborough, a village near Lisnaskea in County Fermanagh. He is the eldest son of Sir Arthur Douglas Brooke, 4th Baronet, whom he succeeds as 5th Baronet when his father dies in 1907. His mother is Gertrude Isabella Batson. He is a nephew of Field Marshal Alan Brooke, 1st Viscount Alanbrooke, Chief of the Imperial General Staff (CIGS) during World War II, who is only five years his senior. His sister Sheelah marries Sir Henry Mulholland, Speaker of the Stormont House of Commons and son of Lord Dunleath. He is educated for five years at St. George’s School in Pau, France, and then at Winchester College (1901–05).

After graduating from the Royal Military College, Sandhurst, Brooke is commissioned into the Royal Fusiliers on September 26, 1908, as a second lieutenant. He transfers to the 10th Royal Hussars in 1911. He is awarded the Military Cross and Croix de guerre with palm for his service during World War I.

Brooke is a very active Ulster Unionist Party member and ally of Edward Carson. He founds his own paramilitary group, Brooke’s Fermanagh Vigilance, from men returning from the war front in 1918. Although the umbrella Ulster Volunteers had been quiescent during the war, it is not defunct. It re-emerges strongly in 1920, subsuming groups like Brooke’s.

In 1920, having reached the rank of captain, Brooke leaves the British Army to farm the Colebrooke Estate, the family estate in west Ulster, at which point he turns toward a career in politics.

Brooke has a very long political career. When he resigns the Premiership of Northern Ireland in March 1963, he is Northern Ireland’s longest-serving prime minister, having held office for two months short of 20 years. He also establishes a United Kingdom record by holding government office continuously for 33 years.

In 1921, Brooke is elected to the Senate of Northern Ireland, but he resigns the following year to become Commandant of the Ulster Special Constabulary (USC) in their fight against the Irish Republican Army (IRA). He is created a Commander of the Order of the British Empire in 1921.

In 1929 Brooke is elected to the House of Commons of Northern Ireland as Ulster Unionist Party MP for the Lisnaskea division of County Fermanagh. In the words of the Oxford Dictionary of National Biography, “his thin, wiry frame, with the inevitable cigarette in hand, and clipped, anglicised accent were to be a feature of Stormont for the next forty years.”

Brooke becomes Minister of Agriculture in 1933. By virtue of this appointment, he also acquires the rank of Privy Councilor of Northern Ireland. From 1941 to 1943 he is Minister of Commerce.

On May 2, 1943, Brooke succeeds John M. Andrews as Prime Minister of Northern Ireland. In 1952, while Prime Minister, was raised to the peerage as Viscount Brookeborough, the title taken from the village named after the Brookes. Although a peer, he retained his seat in the House of Commons at Stormont and remained Prime Minister for another decade.

As the Northern Ireland economy begins to de-industrialise in the mid-1950s, leading to high unemployment amongst the Protestant working classes, Brooke faces increasing disenchantment amongst UUP backbenchers for what is regarded as his indifferent and ineffectual approach to mounting economic problems. As this disenchantment grows, British civil servants and some members of the UUP combine to exert discreet and ultimately effective pressure on Brooke to resign to make way for Captain Terence O’Neill, who is Minister of Finance.

In 1963, his health having worsened, Brooke resigns as Prime Minister. However, he remains a member of the House of Commons of Northern Ireland until the 1969 Northern Ireland general election, becoming the Father of the House in 1965. During his last years in the Parliament of Northern Ireland he publicly opposes the liberal policies of his successor Terence O’Neill, who actively seeks to improve relationships with the Republic of Ireland, and who attempts to address some of the grievances of Catholics and grant many of the demands of the Northern Ireland Civil Rights Association (NICRA).

Brooke is noted for his casual style toward his ministerial duties. Terence O’Neill later writes of him, “he was good company and a good raconteur, and those who met him imagined that he was relaxing away from his desk. However, they did not realise that there was no desk.”

In his retirement Brooke develops commercial interests as chairman of Carreras (Northern Ireland), a director of Devenish Trade, and president of the Northern Ireland Institute of Directors. He is also made an honorary LL.D. of Queen’s University Belfast.

From 1970 to 1973, years in which the Stormont institution comes under its greatest strain and eventually crumbles, Brooke makes only occasional forays into political life. In 1972, he appears next to William Craig MP on the balcony of Parliament Buildings at Stormont, a diminutive figure beside the leader of the Vanguard Unionist Progressive Party (VUPP) who is rallying right-wing Unionists against the Government of Northern Ireland. He opposes the Westminster white paper on the future of Northern Ireland and causes some embarrassment to his son, Captain John Brooke, the UUP Chief Whip and an ally of Brian Faulkner, by speaking against the Faulkner ministry‘s proposals.

Brooke dies at his home, Colebrooke Park, on the Colebrooke Estate, on August 18, 1973. His remains are cremated at Roselawn Cemetery, East Belfast, three days later, and, in accordance with his wishes, his ashes are scattered on the demesne surrounding his beloved Colebrooke Park.


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Death of Lord John Beresford, Anglican Archbishop of Armagh

Lord John George de la Poer Beresford, Anglican Archbishop of Armagh and Primate of all Ireland, dies on July 18, 1862, at Woburn, Bedfordshire, England.

Beresford is born at Tyrone House, Dublin, on November 22, 1773, the second surviving son of George de La Poer Beresford, 1st Marquess of Waterford, and his wife Elizabeth, only daughter of Henry Monck and maternal granddaughter of Henry Bentinck, 1st Duke of Portland. He attends Eton College and Christ Church, Oxford, where he graduates with a Bachelor of Arts in 1793 and a Master of Arts three years later.

Beresford is ordained a priest in 1797 and begins his ecclesiastical career with incumbencies at Clonegal and Newtownlennan. In 1799 he becomes Dean of Clogher and is raised to the episcopate as Bishop of Cork and Ross in 1805. He is translated becoming Bishop of Raphoe two years later and is appointed 90th Bishop of Clogher in 1819. He is again translated to become Archbishop of Dublin the following year and is sworn of the Privy Council of Ireland. In 1822, he goes on to be the 106th Archbishop of Armagh and therefore also Primate of All Ireland. He becomes Prelate of the Order of St. Patrick and Lord Almoner of Ireland. Having been vice-chancellor from 1829, he is appointed the 15th Chancellor of the University of Dublin in 1851, a post he holds until his death in 1862.

Beresford employs Lewis Nockalls Cottingham, one of the most skilled architects of the time, to restore St. Patrick’s Cathedral, Armagh. Cottingham removes the old, stunted spire and shores up the belfry stages while he rebuilds the piers and arches under it. The arcade walls which had fallen away as much as 21 inches from the perpendicular on the south side and 7 inches on the north side, are straightened by means of heated irons, and the clerestory windows which had long been concealed, are opened out and filled with tracery.

Beresford is unsympathetically represented by Charles Forbes René de Montalembert with whom he has breakfast at Castle Gurteen de la Poer during his tour of Ireland.

Beresford dies on July 18, 1862, at Woburn, Bedfordshire, England, the home of his niece, in the parish of Donaghadee and is buried in the cathedral. There is a memorial to him in the south aisle at St. Patrick’s Cathedral, Armagh.